The costs of appeal are assessed against the defendant.

The determination of the evidence is a matter belonging to the exclusive jurisdiction of the fact-finding court, and there is no proof in rejecting each of the arguments, and it does not require a explanation of the reason in the determination of evidence. The argument is the first opinion of the original court, and ultimately it cannot be adopted because it leads to the criticism of the lower court's exclusive authority on the determination of the evidence and the fact-finding. There is no reason to argue.

As to ground of appeal No. 2

The legal principle that can be withdrawn from the application for examination of evidence before the commencement of examination of evidence can be called the free withdrawal of the application for examination of evidence. Thus, even if there exists an application for the order to submit a written lawsuit and the order to submit it was issued pursuant to it, the withdrawal of the application does not require the consent of the other party before the submission of the document to the court. According to the records, the original document, which is the commencement of examination of evidence, shall not be deemed to have been submitted to the court. However, according to the statement of pleading (including the statement in the evidence list, which is a part of the evidence list) of the first instance court on November 18, 1969, the application for submission of the document may be deemed to have been withdrawn, and the withdrawal is legitimate and thus, the withdrawal did not make a decision on the document which has not been tried for the commencement of examination of evidence, and there is no room to escape from the judgment of evidence of the theory of lawsuit.

Therefore, according to Articles 400, 395, and 384 of the Civil Procedure Act, it is so decided as per Disposition by the assent of all participating judges.

The two judges of the Supreme Court (Presiding Judge) the Red Net Sheet